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| Court rejects bail to rape accused who remained absconding for over 7 years | | | Early Times Report
JAMMU, Sept 30: The Fast Track Court, Jammu, has rejected the bail plea of Touseef Ahmed, an accused in a 2019 kidnapping and rape case, after taking note of his alleged escape from police custody, remaining absconding for more than seven years and concealment of a separate criminal case in his bail application.
Presiding Officer Amarjeet Singh Langeh dismissed the application filed by Touseef Ahmed, son of Mohd Sadiq, resident of Talwara, Reasi, who is presently lodged in District Jail Amphalla, Jammu. The bail plea arose out of FIR No. 48/2019 of Police Station Channi Himmat for offences under Sections 376, 366 and 109 RPC.
The accused had sought bail claiming that while working as a driver with the brother of the prosecutrix, he and the woman had developed a consensual relationship and later solemnised marriage of their own free will. He further claimed that the prosecutrix's family opposed the relationship and subsequently lodged the FIR after allegedly persuading the couple to return home. He also claimed that he had a clean criminal record.
The prosecution, however, opposed the plea and informed the court that the accused was also involved in FIR No. 68/2019 under Sections 223 and 224 RPC, registered after he allegedly fled from police custody on May 22, 2019. According to the prosecution, he was thereafter proceeded against under Section 512 CrPC and was arrested only on August 24, 2026, after remaining absconding for over seven years.
The court noted that the challan had been presented against the accused in his absence on July 27, 2019, while two co-accused were facing trial. It further observed that the accused was arrested in execution of a General Warrant of Arrest from Udhampur after more than seven years.
The court also recorded that during the period of abscondence, the accused had allegedly concealed his real identity and adopted the name Mohd Sahil, son of Liaqat Ali, instead of surrendering before the law enforcement agency.
Taking a serious view of this conduct, the court observed that the circumstances indicated that the petitioner was not entitled to the relief of bail at a stage when his presence had been secured after strenuous efforts and charges against him were yet to be framed.
The court further noted that under a July 2, 2026 notification of the High Court of J&K and Ladakh, a bail applicant is required to disclose criminal antecedents. However, the accused had stated that no other FIR was registered against him, thereby concealing FIR No. 68/2019 arising from his alleged escape from police custody.
Terming the suppression a material factor, the court observed that it amounted to violation of the High Court notification and reflected adversely on the petitioner's conduct.
Accordingly, finding no merit in the bail application, the Fast Track Court dismissed the same.
The court, however, clarified that the observations made in the bail order were confined only to the disposal of the bail application and would have no bearing on the merits of the main trial.
(JNF) |
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